action at law
简明释义
法律诉讼
英英释义
A legal proceeding in a court of law where a party seeks a remedy or enforcement of a right, typically involving monetary compensation. | 在法庭上进行的法律程序,其中一方寻求救济或执行权利,通常涉及金钱赔偿。 |
例句
1.An action at law is often necessary when a party seeks monetary compensation.
当一方寻求金钱赔偿时,通常需要提起一项法律诉讼。
2.In cases of personal injury, the victim may pursue an action at law against the responsible party.
在个人伤害案件中,受害者可以对责任方提起一项法律诉讼。
3.Before filing an action at law, it's important to gather all relevant evidence.
在提起一项法律诉讼之前,收集所有相关证据是很重要的。
4.The defendant responded to the action at law with a counterclaim for damages.
被告对这项法律诉讼提出了反诉索赔。
5.The plaintiff filed an action at law to recover damages for the breach of contract.
原告提起了一项法律诉讼,以索赔合同违约造成的损失。
作文
In the realm of legal terminology, the phrase action at law refers to a formal proceeding in a court of law where one party seeks a remedy or enforcement of a right against another party. This concept is fundamental to the understanding of how legal disputes are resolved in the judicial system. An action at law typically involves a plaintiff who initiates the lawsuit by filing a complaint, stating the facts of the case and the legal grounds for the claim, while the defendant responds to these allegations. The primary objective of an action at law is to obtain monetary damages or specific performance rather than equitable relief, which is sought through other forms of legal action.The significance of action at law can be illustrated through various examples. For instance, consider a situation where a contractor fails to complete a construction project as per the terms agreed upon in a contract. The homeowner, feeling wronged, may decide to file an action at law against the contractor to recover the costs incurred due to the incomplete work. In this scenario, the homeowner is the plaintiff, and the contractor is the defendant. The court will examine the evidence presented by both parties, including contracts, communications, and witness testimonies, before rendering a judgment.Moreover, it is essential to understand that an action at law is distinct from equitable actions, which are based on fairness and seek remedies such as injunctions or specific performance rather than monetary compensation. While both types of actions serve to resolve disputes, they operate under different legal principles. For example, if the same homeowner wanted not only monetary damages but also a court order to compel the contractor to finish the project, they might pursue an equitable action instead of or in addition to the action at law.The procedural aspects of an action at law are also noteworthy. Typically, the process begins with the filing of a complaint, followed by the defendant's answer, discovery phase, and ultimately a trial if the case does not settle out of court. During discovery, both parties gather evidence, including documents and depositions, to support their respective claims and defenses. This phase is critical as it allows both sides to prepare for trial and can often lead to settlement discussions.In conclusion, understanding the term action at law is crucial for anyone involved in the legal system. It encapsulates the essence of how legal disputes are formally addressed in courts, focusing on the pursuit of monetary damages or enforcement of rights. As individuals navigate their legal challenges, recognizing the implications of initiating an action at law can significantly impact the outcome of their case. Whether one is a plaintiff seeking justice or a defendant defending against claims, the knowledge of how action at law functions within the legal framework is indispensable for achieving a favorable resolution to disputes.
在法律术语的领域中,短语action at law指的是在法庭上进行的一种正式程序,其中一方寻求对另一方的权利的补救或执行。这一概念对于理解法律争议如何在司法系统中解决至关重要。action at law通常涉及原告通过提交诉状来启动诉讼,陈述案件事实和法律依据,而被告则回应这些指控。action at law的主要目标是获得金钱赔偿或特定履行,而不是寻求公平救济,这通过其他形式的法律行动来实现。action at law的重要性可以通过各种例子来说明。例如,考虑一个承包商未能按照合同约定的条款完成建筑项目的情况。业主感到受到侵犯,可能决定对承包商提起action at law,以追回因工程未完成而产生的费用。在这种情况下,业主是原告,承包商是被告。法院将审查双方提出的证据,包括合同、通信和证人证言,然后作出裁决。此外,理解action at law与公平诉讼之间的区别也很重要,后者基于公平原则,寻求如禁令或特定履行等救济,而不是金钱赔偿。虽然这两种类型的诉讼都服务于解决争议,但它们在不同的法律原则下运作。例如,如果同一位业主不仅想要金钱赔偿,还希望法院命令承包商完成项目,他们可能会追求公平诉讼,而不是仅仅提起action at law。action at law的程序方面也值得注意。通常,该过程始于提交诉状,随后是被告的答辩、发现阶段,最终如果案件未能庭外和解,则进行审判。在发现阶段,双方收集证据,包括文件和证词,以支持各自的索赔和辩护。这一阶段至关重要,因为它允许双方为审判做准备,并且往往可以导致和解讨论。总之,理解术语action at law对于任何参与法律系统的人来说都是至关重要的。它概括了法律争议如何在法庭上正式处理的本质,重点关注对金钱赔偿或权利执行的追求。当个人应对法律挑战时,认识到启动action at law的影响可以显著影响案件的结果。无论是寻求公正的原告,还是为指控辩护的被告,了解action at law在法律框架内的运作对实现有利的争议解决至关重要。
相关单词